Legislative Assembly (Members' Staff) Act 1989 (ACT)

Case

Legislative Assembly (Members’ Staff) Act 1989   

A1989-19

Republication No 10

Effective:  1 September 2016

Republication date: 1 September 2016

Last amendment made by A2016‑52

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Legislative Assembly (Members’ Staff) Act 1989 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 September 2016It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 September 2016. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication includes amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

    Legislative Assembly (Members’ Staff) Act 1989

    Contents

    Page

    Part 1      Preliminary

    1            Name of Act  2

    2            Dictionary  2

    3            Notes  2

    Part 2      Staff of office-holders

    4            Determinations by Chief Minister  3

    5            Office-holders may employ staff  3

    6            Terms of employment  3

    7           Superannuation  4

    8            Termination of employment  4

    9            Power to employ staff not affected  6

    Part 3      Staff of members

    10          Members may employ staff  7

    11          Terms of employment  7

    12          Superannuation  8

    13          Termination of employment  8

    Part 5      Consultants and contractors

    Division 5.1                  Office-holders

    16          Determinations by Chief Minister  10

    17          Office-holders may engage consultants and contractors  10

    18          Termination of engagement  11

    19          Power to engage consultants and contractors not affected                 13

    Division 5.2                  Members

    20          Members may engage consultants and contractors  13

    21          Termination of engagement  14

    Part 6      Miscellaneous

    22          Powers may be exercised by authorised person  16

    23          Regulation-making power  16

    Dictionary17

    Endnotes

    1            About the endnotes  19

    2            Abbreviation key  19

    3            Legislation history  20

    4            Amendment history  22

    5            Earlier republications  26

    Legislative Assembly (Members’ Staff) Act 1989

    An Act to provide for the employment of staff and the engagement of consultants and contractors by office-holders and members of the Legislative Assembly

    Part 1Preliminary

    1. Name of Act

      This Act is the Legislative Assembly (Members’ Staff) Act 1989.

    2. Dictionary

      The dictionary at the end of this Act is part of this Act.

      Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

      For example, the signpost definition ‘classification—see the PSM Act, dictionary.’ means that the term ‘classification’ is defined in that Act and the definition applies to this Act.

      Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3. Notes

      A note included in this Act is explanatory and is not part of this Act.

      NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    Part 2Staff of office-holders

    1. Determinations by Chief Minister

      (1)The Chief Minister may determine that, having regard to the parliamentary duties of a member of the Assembly, the member ought to be empowered to employ staff under this part.

      (2)A determination is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    2. Office-holders may employ staff

      (1)An office-holder may, on behalf of the Territory, employ, under an agreement in writing, a person as a member of the office-holder’s staff.

      (2)However, an office-holder must not employ a person who is a family member of the office-holder.

      (3)The power conferred on an office-holder by subsection (1) is not exercisable otherwise than in accordance with arrangements approved by the Chief Minister, and the exercise of that power is subject to such conditions as are determined by the Chief Minister.

      (4)An approval or determination under subsection (3) is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    3. Terms of employment

      (1)This section applies if a matter relating to the employment of a part 2 employee is not covered by this Act or by the agreement of employment.

      (2)The PSM Act applies in relation to the matter for the term indicated in the agreement of employment, as if the employee were employed under the PSM Act, section 110 (Fixed term temporary employment).

      (3)The Chief Minister may determine that the variable terms of employment of part 2 employees are varied.

      (4)A determination under subsection (3) is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    4. Superannuation

      (1)In this section:

      relevant person means a person other than—

      (a)a person who, immediately before being employed under this part, was an eligible employee within the meaning of the Superannuation Act; or

      (b)a pensioner.

      (2)An agreement under section 5 for the employment by an office‑holder of a relevant person as a member of the office-holder’s staff may contain provisions determined by the office-holder in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.

      (3)An office-holder is not empowered to determine provisions for the purposes of subsection (2) except in accordance with arrangements approved by the Chief Minister.

    5. Termination of employment

      (1)The employment of a person under this part terminates if the office‑holder by whom the person was employed dies.

      (2)The employment of a person under this part terminates if—

      (a)in the case of a person employed by an office-holder—the office-holder ceases to hold office; or

      (b)in the case of a person employed by a member of the Assembly in respect of whom a determination by the Chief Minister under section 4 is in force—the member ceases to be a member of the Assembly or the determination is revoked.

      (3)For subsection (2) (b), a member of the Assembly shall be deemed not to have ceased to be such a member while he or she continues to be entitled to an allowance that was payable to him or her as such a member.

      (4)An office-holder may at any time, by notice in writing given to a person employed by the office-holder under this part, terminate the person’s employment.

      (5)A person employed by an office-holder under this part may at any time, by notice in writing given to the office-holder, terminate the person’s employment.

      (6)Where the employment of a person under this part is terminated by subsection (1) or (2), the Chief Minister may direct that the employment of the person shall be deemed—

      (a)not to have been so terminated; and

      (b)to have continued, or to continue, until a specified date;

      and, where the Chief Minister so directs, the employment of the person under this part shall for all purposes be deemed to have continued, or to continue, until that date.

      (7)A direction under subsection (6) is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    6. Power to employ staff not affected

      Nothing in this part affects the power of an office-holder to employ staff under part 3.

    Part 3Staff of members

    1. Members may employ staff

      (1)A member of the Assembly may, on behalf of the Territory, employ, under an agreement in writing, a person as a member of the staff of the member.

      (2)However, a member of the Assembly must not employ a person who is a family member of the member.

      (3)The power conferred on a member of the Assembly by subsection (1) is not exercisable otherwise than in accordance with arrangements approved by the Chief Minister, and the exercise of that power is subject to such conditions as are determined by the Chief Minister.

      (4)An approval or determination under subsection (3) is a disallowable instrument.

      Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    2. Terms of employment

      (1)This section applies if a matter relating to the employment of a part 3 employee is not covered by this Act or by the agreement of employment.

      (2)The PSM Act applies in relation to the matter for the term indicated in the agreement of employment, as if the employee were employed under the PSM Act, section 110 (Fixed term temporary employment).

      (3)The Chief Minister may determine that the variable terms of employment of part 3 employees are varied.

      (4)A determination under subsection (3) is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act

    3. Superannuation

      (1)In this section:

      relevant person means a person other than—

      (a)a person who, immediately before being employed under this part, was an eligible employee within the meaning of the Superannuation Act; or

      (b)a pensioner.

      (2)An agreement under section 10 for the employment by a member of the Assembly of a relevant person as a member of the staff of the member may contain provisions determined by the member in relation to the provision to the person of superannuation benefits or benefits in the nature of superannuation benefits.

      (3)A member of the Assembly is not empowered to determine provisions for the purposes of subsection (2) except in accordance with arrangements approved by the Chief Minister.

    4. Termination of employment

      (1)The employment of a person under this part terminates if the member of the Assembly by whom the person was employed—

      (a)dies; or

      (b)ceases to be a member of the Assembly.

      (2)For subsection (1) (b) a member of the Assembly shall be deemed not to have ceased to be such a member while he or she continues to be entitled to an allowance that was payable to him or her as such a member.

      (3)A member of the Assembly may at any time, by notice in writing given to a person employed by the member under this part, terminate the person’s employment.

      (4)A person employed by a member of the Assembly under this part may at any time, by notice in writing given to the member, terminate the person’s employment.

      (5)Where the employment of a person under this part is terminated by subsection (1), the Chief Minister may direct that the employment of the person shall be deemed—

      (a)not to have been so terminated; and

      (b)to have continued, or to continue, until a specified date;

      and, where the Chief Minister so directs, the employment of the person under this part shall for all purposes be deemed to have continued, or to continue, until that date.

      (6)A direction under subsection (5) is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    Part 5Consultants and contractors

    Division 5.1               Office-holders

    1. Determinations by Chief Minister

      (1)The Chief Minister may determine that, having regard to the parliamentary duties of a member of the Assembly, the member ought to be empowered to engage a consultant or contractor, or both, under this division.

      (2)A determination is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    2. Office-holders may engage consultants and contractors

      (1)An office-holder may, on behalf of the Territory, engage, under an agreement in writing, a consultant or contractor for the provision of services necessarily incidental to the performance of his or her ministerial or parliamentary duties.

      (2)However, an office-holder must not engage a consultant or contractor who—

      (a)if the consultant or contractor is an individual—is a family member of the office-holder; or

      (b)if the consultant or contractor is a corporation—has a director or other officer who is a family member of the office-holder.

      (3)An agreement under subsection (1) shall be taken to be a contract for services.

      (4)The power conferred on an office-holder by subsection (1) is not exercisable otherwise than in accordance with arrangements approved by the Chief Minister, and the exercise of that power is subject to such conditions as are determined by the Chief Minister.

      (5)An approval or determination under subsection (4) is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    3. Termination of engagement

      (1)The engagement of a consultant or contractor under this division terminates if the office-holder by whom the consultant or contractor was engaged dies.

      (2)The engagement of a consultant or contractor under this division terminates if—

      (a)in the case of a consultant or contractor engaged by an office‑holder—the office-holder ceases to hold office; or

      (b)in the case of a consultant or contractor engaged by a member of the Assembly in respect of whom a determination by the Chief Minister under section 16 is in force—the member ceases to be a member of the Assembly or the determination is revoked.

      (3)For subsection (2) (b), a member of the Assembly shall be deemed not to have ceased to be such a member while he or she continues to be entitled to an allowance that was payable to him or her as such a member.

      (4)An office-holder may at any time, by notice in writing given to a consultant or contractor engaged by the office-holder under this division, terminate the engagement of the consultant or contractor.

      (5)A consultant or contractor engaged by an office-holder under this division may at any time, by notice in writing given to the office‑holder, terminate the engagement.

      (6)The engagement of a consultant or contractor that is not terminated—

      (a)by subsection (1) or (2); or

      (b)by the office-holder under subsection (4); or

      (c)by the consultant or contractor under subsection (5);

      terminates at the expiration of 3 years, or such shorter period (if any) as is specified in the relevant agreement as the term of the engagement.

      (7)Where the engagement of a consultant or contractor under this division is terminated by subsection (1) or (2), the Chief Minister may direct that the engagement of the consultant or contractor shall be deemed—

      (a)not to have been so terminated; and

      (b)to have continued, or to continue, until a specified date, being a date not later than the date on which the engagement would have terminated by the operation of subsection (6);

      and, where the Chief Minister so directs, the engagement of the consultant or contractor under this division shall, subject to subsection (8), be deemed to have continued, or to continue, until that date.

      (8)A direction under subsection (7) is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

      (9)Where the engagement of a consultant or contractor is deemed to have continued or to continue under subsection (7)—

      (a)the Chief Minister may at any time, by notice in writing given to the consultant or contractor, terminate the engagement; and

      (b)the consultant or contractor may at any time, by notice in writing given to the Chief Minister, terminate the engagement.

    4. Power to engage consultants and contractors not affected

      Nothing in this division affects the power of an office-holder to engage a consultant or contractor under division 5.2.

    Division 5.2               Members

    1. Members may engage consultants and contractors

      (1)A member of the Assembly may, on behalf of the Territory, engage, under an agreement in writing, a consultant or contractor for the provision of services necessarily incidental to the performance of his or her parliamentary duties.

      (2)However, a member of the Assembly must not engage a consultant or contractor who—

      (a)if the consultant or contractor is an individual—is a family member of the member; or

      (b)if the consultant or contractor is a corporation—has a director or other officer who is a family member of the member.

      (3)An agreement under subsection (1) shall be taken to be a contract for services.

      (4)The power conferred on a member of the Assembly by subsection (1) is not exercisable otherwise than in accordance with arrangements approved by the Chief Minister, and the exercise of that power is subject to such conditions as are determined by the Chief Minister.

      (5)An approval or determination under subsection (4) is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

    2. Termination of engagement

      (1)The engagement of a consultant or contractor under this division terminates if the member of the Assembly by whom the consultant or contractor was engaged—

      (a)dies; or

      (b)ceases to be a member of the Assembly.

      (2)For subsection (1) (b), a member of the Assembly shall be deemed not to have ceased to be such a member while he or she continues to be entitled to an allowance that was payable to him or her as such a member.

      (3)A member of the Assembly may at any time, by notice in writing given to a consultant or contractor engaged by the member under this division, terminate the engagement of the consultant or contractor.

      (4)A consultant or contractor engaged by a member of the Assembly under this division may at any time, by notice in writing given to the member, terminate the engagement.

      (5)The engagement of a consultant or contractor that is not terminated—

      (a)by subsection (1); or

      (b)by the member of the Assembly under subsection (3); or

      (c)by the consultant or contractor under subsection (4);

      terminates at the expiration of 3 years, or such shorter period (if any) as is specified in the relevant agreement as the term of the engagement.

      (6)Where the engagement of a consultant or contractor under this division is terminated by subsection (1), the Chief Minister may direct that the engagement of the consultant or contractor shall be deemed—

      (a)not to have been so terminated; and

      (b)to have continued, or to continue, until a specified date, being a date not later than the date on which the engagement would have terminated by the operation of subsection (5);

      and, where the Chief Minister so directs, the engagement of the consultant or contractor under this division shall, subject to subsection (8), be deemed to have continued, or to continue, until that date.

      (7)A direction under subsection (6) is a disallowable instrument.

      NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

      (8)Where the engagement of a consultant or contractor is deemed to have continued or to continue under subsection (6)—

      (a)the Chief Minister may at any time, by notice in writing given to the consultant or contractor, terminate the engagement; and

      (b)the consultant or contractor may at any time, by notice in writing given to the Chief Minister, terminate the engagement.

    Part 6Miscellaneous

    1. Powers may be exercised by authorised person

      An office-holder or member of the Assembly may, in writing, authorise another person to exercise, on his or her behalf, a power conferred on the office-holder or member by part 2, 3 or 5, and a person so authorised may exercise the power accordingly.

    2. Regulation-making power

      The Executive may make regulations for this Act.

      NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.


    Dictionary

    (see s 2)

    Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

    Note 2For example, the Legislation Act, dict, pt 1 defines the following terms:

    ·     Chief Minister

    ·     director-general (see s 163)

    ·     disallowable instrument

    ·     domestic partner (see s 169 (1))

    ·     individual

    ·     Minister

    ·     Speaker.

    Assembly means the Legislative Assembly.

    classification—see the PSM Act, dictionary.

    commissioner—see the PSM Act, dictionary.

    family member, of a person, means—

    (a)a domestic partner of the person; or

    (b)a parent or step-parent of the person; or

    (c)a parent or step-parent of the person’s domestic partner; or

    (d)a child or step-child of the person; or

    (e)a child or step-child of the person’s domestic partner; or

    (f)a brother, sister, half-brother or half-sister of the person; or

    (g)a grandparent of the person; or

    (h)an uncle, aunt or cousin of the person.

    head of service—see the PSM Act, dictionary.

    office-holder means—

    (a)a Minister; or

    (b)the Speaker of the Assembly; or

    (c)a person in respect of whom a determination by the Chief Minister under section 4 or 16 is in force.

    officer—see the PSM Act, dictionary.

    part 2 employee means a person employed under part 2.

    part 3 employee means a person employed under part 3.

    pensioner means—

    (a)a person to whom an invalidity pension within the meaning of the Superannuation Act is payable or would, but for the pension having been suspended, be payable; or

    (b)a person to whom a pension under the Superannuation Act 1922 (Cwlth) is payable or would, but for the pension having been suspended, be payable, being a person who was retired on the ground of invalidity or of physical or mental incapacity to perform the person’s duties.

    PSM Act means the Public Sector Management Act 1994 and the management standards made under that Act.

    Superannuation Act means the Superannuation Act 1976 (Cwlth).

    variable term of employment means a term of employment of a part 2 or part 3 employee relating to any matter except a matter covered by section 7 or 12 (Superannuation), or 8 or 13 (Termination of employment).

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      Legislative Assembly (Members’ Staff) Act 1989 A1989‑19

      notified 14 November 1989 (Gaz 1989 No S35)
      commenced 14 November 1989 (s 2)

      as amended by

      Public Sector Management (Consequential and Transitional Provisions) Act 1994 A1994‑38 sch 1 pt 53

      notified 30 June 1994 (Gaz 1994 No S121)
      s 1, s 2 commenced 20 June 1994 (s 2 (1))
      sch 1 pt 53 commenced 1 July 1994 (s 2 (2) and Gaz 1994 No S 142)

      Legislative Assembly (Members’ Staff) (Amendment) Act 1997 A1997‑6

      notified 22 April 1997 (Gaz 1997 No S92)
      commenced 22 April 1997 (s 2)

      Legislative Assembly (Members’ Staff) (Amendment) Act 1999 A1999‑15

      notified 14 April 1999 (Gaz 1997 No S16)
      commenced 14 April 1999 (s 2)

      Public Sector Legislation Amendment Act 1999 A1999‑70 s 5

      notified 3 December 1999 (Gaz 1999 No S62)
      s 5 commenced 5 December 1999 (s 2 and Cwlth Gaz 1999 No S584)

      Public Sector Legislation Amendment Act 2000 A2000‑77 s 5

      notified 21 December 2000 (Gaz 2000 No S69)
      s 1, s 2 commenced 21 December 2000 (IA s 10B)
      s 5 remainder commenced 31 December 2000 (s 2)

      Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 222

      notified 26 July 2001 (Gaz 2001 No 30)
      s 1, s 2 commenced 26 July 2001 (IA s 10B)
      amdts 1.2632, 1.2633, 1.2636, 1.2637 commence immediately after the commencement of A2001‑57 (amdts 1.2632, 1.2633, 1.2636, 1.2637)
      pt 222 remainder commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

      Legislative Assembly (Members’ Staff) Amendment Act 2001 A2001‑57 pt 2

      notified 10 September 2001 (Gaz 2001 No S66)
      s 1, s 2 commenced 10 September 2001 (IA s 10B)
      pt 2 commenced 13 September 2001 (Gaz 2001 No S69)

      Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.23

      notified LR 20 June 2007
      s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))

      sch 3 pt 3.23 commenced 11 July 2007 (s 2 (1))

      Legislative Assembly (Members’ Staff) Amendment Act 2008 A2008‑38

      notified LR 3 September 2008
      s 1, s 2 commenced 3 September 2008 (LA s 75 (1))
      s 3, s 5, ss 7-9 commenced 30 October 2008 (s 2 (1))
      remainder commenced 5 November 2008 (s 2 (2))

      Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.92

      notified LR 30 June 2011
      s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

      sch 1 pt 1.92 commenced 1 July 2011 (s 2 (1))

      Statute Law Amendment Act 2011 (No 2) A2011-28 sch 3 pt 3.23

      notified LR 31 August 2011
      s 1, s 2 commenced 31 August 2011 (LA s 75 (1))

      sch 3 pt 3.23 commenced 21 September 2011 (s 2 (1))

      Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.46

      notified LR 25 August 2016
      s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
      sch 1 pt 1.46 commenced 1 September 2016 (s 2)

    2. Amendment history

      Title

      titlesub A1999‑15

      Name of Act

      s 1sub A2007‑16 amdt 3.106

      Dictionary

      s 2om R4 LA

      ins A2007‑16 amdt 3.108

      am A2011‑22 amdt 1.281

      Notes

      s 3defs reloc to dict A2007‑16 amdt 3.107

      sub A2007‑16 amdt 3.108

      def administrative unit om A1994‑38 sch 1 pt 53

      Determinations by Chief Minister

      s 4am A2001‑44 amdt 1.2629, amdt 1.2630; A2011‑28 amdt 3.156

      Office–holders may employ staff

      s 5am A1997‑6; A2001‑44 amdt 1.2631; A2008‑38 s 4; ss renum R7 LA; A2011‑28 amdt 3.156

      Terms of employment

      s 6am A1994‑38

      sub A2001‑57 s 5

      am A2001‑44 amdt 1.2632, amdt 1.2633; A2011‑28 amdt 3.156; A2016‑52 amdt 1.123; ss renum R10 LA

      Termination of employment

      s 8  am A2001‑44 amdt 1.2634; A2011‑28 amdt 3.149

      Power to employ staff not affected

      s 9  am A1999‑15

      Members may employ staff

      s 10am A1997‑6; A2001‑44 amdt 1.2635; A2008‑38 s 5; ss renum R6 LA; A2011‑28 amdt 3.156

      Terms of employment

      s 11  am A1994‑38; A1997‑6

      sub A2001‑57 s 6

      am A2001‑44 amdt 1.2636, amdt 1.2637; A2011‑28 amdt 3.156; A2016‑52 amdt 1.124; ss renum R10 LA

      Termination of employment

      s 13am A2001‑44 amdt 1.2638; A2011‑28 amdt 3.150

      Rights of officers

      s 13Bins A1994‑38 sch 1 pt 53

      om A2001‑57 s 8

      Application of Merit Protection (Australian Government Employees) Act

      s 13BAins A1999‑70 s 5

      am A2000‑77 s 5

      om A2001‑57 s 8

      Disallowable instruments

      s 13Dins A1997‑6

      sub A1999‑15

      om A2001‑44 amdt 1.2647

      Public servants employed by members

      pt 4 hdg(prev pt 3A hdg) ins A1994‑38 sch 1 pt 53

      sub A2001‑57 s 7

      om A2016‑52 amdt 1.125

      Rights of officers

      s 14(prev s 13A) ins A1994‑38 sch 1 pt 53

      sub A2001‑57 s 8

      renum R4 LA

      am A2011‑22 amdt 1.282; A2011‑28 amdt 3.151, amdt 3.156

      om A2016‑52 amdt 1.125

      Rights of certain employees under PSM Act

      s 15 hdg(prev s 13C hdg) ins A1994‑38 sch 1 pt 53

      sub A2001‑57 s 9

      s 15(prev s 13C) ins A1994‑38 sch 1 pt 53

      am A2001‑57 s 9

      renum R4 LA

      om A2016‑52 amdt 1.125

      Consultants and contractors

      pt 5 hdg(prev pt 3B hdg) ins A1999‑15

      renum R4 LA

      Office-holders

      div 5.1 hdg(prev pt 3B div 1 hdg) renum R4 LA

      Determinations by Chief Minister

      s 16(prev s 13CA) ins A1999‑15

      am A2001‑44 amdt 1.2639, amdt 1.2640

      renum R4 LA

      am A2011‑28 amdt 3.152

      Office-holders may engage consultants and contractors

      s 17(prev s 13CB) ins A1999‑15

      am A2001‑44 amdt 1.2641

      renum R4 LA

      am A2008‑38 s 6; ss renum R7 LA; A2011‑28 amdt 3.156

      Termination of engagement

      s 18(prev s 13CC) ins A1999‑15

      am A2001‑44 amdt 1.2642; R4 LA (see A2001‑44 amdt 1.2643)

      renum R4 LA

      am A2011‑28 amdt 3.152

      Power to engage consultants and contractors not affected

      s 19(prev s 13CD) ins A1999‑15

      renum R4 LA

      Members

      div 5.2 hdg (prev pt 3B div 2 hdg) renum R4 LA

      Members may engage consultants and contractors

      s 20(prev s 13CE) ins A1999‑15

      am A2001‑44 amdt 1.2644, amdt 1.2645; R4 LA (see A2001‑44 amdt 1.2646)

      renum R4 LA

      am A2008‑38 s 7; ss renum R6 LA; A2011‑28 amdt 3.156

      Termination of engagement

      s 21(prev s 13CF) ins A1999‑15

      am R4 LA (see A2001‑44 amdt 1.2646)

      renum R4 LA

      am A2011‑28 amdt 3.152

      Miscellaneous

      pt 6 hdg(prev pt 4 hdg) renum R4 LA

      Powers may be exercised by authorised person

      s 22(prev s 14) am A1999‑15

      renum R4 LA

      Regulation-making power

      s 23(prev s 15) sub A2001‑44 amdt. 1.2648

      renum R4 LA

      Dictionary

      dictins A2007‑16 amdt 3.109

      am A2008‑38 s 8; A2011‑28 amdt 3.153, amdt 3.154; A2016‑52 amdt 1.126

      def Assembly reloc from s 3 A2007‑16 amdt 3.107

      def classification ins A2001‑57 s 4

      reloc from s 3 A2007‑16 amdt 3.107

      am R8 LA (see also A2011‑28 amdt 3.155)

      def commissioner ins A2001‑57 s 4

      reloc from s 3 A2007‑16 amdt 3.107

      am R8 LA (see also A2011‑28 amdt 3.155)

      def family member ins A2008‑38 s 9

      def head of service ins A2011‑22 amdt 1.283

      def office-holder am A1999‑15 s 5

      reloc from s 3 A2007‑16 amdt 3.107

      def officer ins A2001‑57 s 4

      reloc from s 3 A2007‑16 amdt 3.107

      am A2011‑28 amdt 3.155

      def part 2 employee ins A2001‑57 s 4

      reloc from s 3 A2007‑16 amdt 3.107

      def part 3 employee ins A2001‑57 s 4

      reloc from s 3 A2007‑16 amdt 3.107

      def pensioner reloc from s 3 A2007‑16 amdt 3.107

      def PSM Act ins A2001‑57 s 4

      reloc from s 3 A2007‑16 amdt 3.107

      def relevant chief executive ins A2001‑57 s 4

      reloc from s 3 A2007‑16 amdt 3.107

      om A2011‑22 amdt 1.284

      def variable term of employment ins A2001‑57 s 4

      reloc from s 3 A2007‑16 amdt 3.107

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No Amendments to Republication date
    1 A1989‑19 31 August 1991
    2 A1994‑38 28 February 1995
    3 A1997‑6 31 January 1998
    4 A2001‑57 26 October 2001
    5 A2007‑16 11 July 2007
    6 A2008‑38 30 October 2008
    7 A2008‑38 5 November 2008
    8 A2011‑22 1 July 2011
    9 A2011‑28 21 September 2011
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